1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Details of the disposition

The reasons why this Court is stated are the same as the corresponding part of the reasons for the judgment of the court of first instance (section 8(2) of the corresponding part of the reasons for the judgment of the court of first instance (section 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act).

The attached details of the relevant statutes shall be as specified in the statutes.

Plaintiff’s assertion

A waste subject to an order under Article 46 (1) 1 of the Construction Waste Management Act refers to the whole of wastes left alone by a construction waste disposal business entity, not limited to those left alone in the place of business of the construction waste disposal business entity.

The volume of construction waste neglected by B, a construction waste disposal business entity, reaches a total of 260,749 tons, consisting of a variety of characteristics, such as construction waste and earth and stones, construction waste and mixed wastes, and wastes are different from the disposal method or cost by nature.

Therefore, it is reasonable to select waste of 30,000 tons, which is subject to the order to dispose of the plaintiff, as the whole waste neglected by B, according to their gender ratio.

Nevertheless, since the Defendant arbitrarily limited to 62,759 tons of wastes loaded within the site of an urban environmental project, and disposed of this case, it is unlawful.

Judgment

Although Article 2 subparag. 6 of the Construction Waste Management Act provides that “waste left alone in the relevant place of business” is defined as “waste disposal performance guarantee system that intends to properly dispose of construction waste and contribute to preserving the environment and efficiently using resources, and the systematic and reasonable interpretation of the relevant provisions under Articles 42, 43, and 46 of the Construction Waste Management Act is to issue an order to dispose of the waste to the mutual aid association, which is the subject of performance guarantee of disposal of abandoned waste, as stipulated under Article 46(1)1 of the Construction Waste Management Act.